Suffolk New York Jury Instruction - Computer Fraud - Causing Damage To Computer Or Program
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FAQ
The Role of Juries The jury listens to the evidence during a trial, decides what facts the evidence has established, and draws inferences from those facts to form the basis for their decision.
A form that is filed in New York state court and served on all parties confirming that the parties have completed necessary discovery proceedings and the case is trial ready (CPLR 3402(a)). It is the paper that gets the case on the court's trial calendar.
In a jury trial: the jury is the fact finder that decides what really happened in the case at hand. In a bench trial: the judge is the fact finder that decides what really happened. In an official investigation: an agent or committee may be appointed to determine the facts.
In contested divorces, a Note of Issue is used to record the date and filing of the Summons. In contested actions, the Note of Issue must be filed with a Certificate of Readiness, which recapitulates the history of the action and certifies that the case is ready for trial.
Jury instructions are an important component of a trial because they focus the jury on the specific issues and laws applicable to the case being tried. Jury instructions should identify the issues the jury will need to decide and help them understand the legal principles of the case.
When the judge declares the jury to be hung or deadlocked, a mistrial is declared, which brings the trial to an end without a determination on the merits. In the United States, a mistrial returns the parties to the positions they occupied before the trial began.
Note: A joinder of issues means that the fact alleged in the pleading is taken to be denied. Joinder of issue only relates to any pleading subsequent to a defence.
A form that is filed in New York state court and served on all parties confirming that the parties have completed necessary discovery proceedings and the case is trial ready (CPLR 3402(a)). It is the paper that gets the case on the court's trial calendar.
A question of fact is resolved by a trier of fact, i.e. a jury or, at a bench trial, a judge, weighing the strength of evidence and credibility of witnesses. Conversely, a question of law is always resolved by a judge.
Evidence that is admissible is allowed to be presented to the judge or jury, whichever is deciding the case. The judge or jury may then consider whether the evidence is credible enough and sufficient to prove the fact which the evidence is presented to prove.